Zoning Commission recommends approval and adoption of the findings of the 10 review criteria for Zone Change 1011.

This is a zone change request using the Planned Neighborhood Development zone change process for a proposed annexation of a 33.64 acre parcel located south of Grand Avenue and 60th St West. Trails West Subdivision is adjacent to the east and Foxtail Village Subdivision is north across Grand Avenue. The proposed Mixed Residential PND will include 5 acres of N2, 19 acres of N3, 3.6 acres of NX2 and about 5 acres of open space (P1). The PND regulations require either a Mixed Residential zone or commercial/mixed use zone for any arterial street frontage. This ensures the most efficient use of the valuable arterial street frontage.

The PND is a new zoning tool to help guide the coordination of annexation, subdivisions, and master planning for new city neighborhoods. The previous zoning code allowed urban-type zoning districts in both the city and the county. In many cases, developers were "pre-zoning" parcels in the county prior to annexation. The new PND process is allowing developers to process all the zoning with the City Council, phase the annexation of the property (if necessary), and coordinate both of these processes with subdivision or master site plan review. The new tool applies a level of certainty to all stakeholders, including the surrounding property owners.

This zone change is for a Mixed Residential PND process and includes mixed residential zoning (NX2), N2 and N3 zoned areas along with the minimum required Public 1 zoning of at least 2% of the net area.

APPLICATION DATA
OWNER: Buffalo Crossing LLC, Doug Wild
AGENT: WWC Engineering, Aaron Redland and Greg Reid
LEGAL DESCRIPTION: Tracts 4A of C/S 2735
CURRENT ZONING: Rural residential 3 (RR3 - 3 to 9.9 acre lots)
EXISTING LAND USE: Agriculture 
PROPOSED USE: Mixed Residential development with 1-2 family as well as multifamily residences
SIZE OF PARCEL: 33.64 acres

CONCURRENT APPLICATIONS:
Petition for Annexation 22-03

SURROUNDING ZONING AND LAND USE:

The applicant conducted a pre-application neighborhood meeting on January 22, 2022 at the subject property. Thirty-two persons attended the meeting including the applicants and agents, Doug Wild, for the applicant and Greg Reid and Aaron Redland for WWC Engineering. The required notification area for all new PND zone changes is 1/4-mile from the property boundary. In this case, 298 individual property owners and interested parties were notified of the pending zoning application. The summary of the meeting is included in the attachments.

In general, the questions from the surrounding owners included interest in connection to existing streets, traffic, dwelling unit designs and the potential for commercial development. Traffic conditions and impacts from the development will be required to be addressed via the annexation and subdivision agreement with the City. The annexation will precede the subdivision application so this property requires a Development Agreement for the annexation and a Subdivision Improvement Agreement (SIA) when the subdivision is finalized. Both documents cover similar issues such as traffic impacts and mitigation, construction of infrastructure and any waivers for future improvements that benefit the development. Zone changes, in no circumstance, can be approved with conditions, but annexations and subdivision are able to be conditionally approved.

Planning staff did receive one comment letter from the surrounding owners prior to Zoning Commission hearing. City staff and departments had no negative comments on the proposed annexation and zoning plan.

Zoning Commission Hearing
The Zoning Commission held its hearing on March 1, 2022, and received the staff recommendation, testimony from the applicant and agent as well as testimony from interested parties including the following: Greg Reid, agent for Buffalo Crossing LLC, Doug Wild, the applicant, Brian Kurth of 5706 Central Ave, Don Lorenz of 1705 60th ST W, Adriaan Overbeeke of 1104 Blackberry Way and President of the Trails West Homeowners Association, Shirley McDermott of 5943 Foxtail Lane, Tracie Morgan of 1341 Blackberry Way, Rod Wilson, developer of Trails West Subdivision, Bruce Aafedt of 802 Bitterbrush, Laron Pluhar of 1720 60th St W, Chet Blotske of 1700 60th St W, and Steve Powell of 5935 Colton Blvd. 

Mr. Reid stated WWC Engineering was representing the client on the zoning, annexation and subdivision applications to the city. He stated there was a lot of interest and attendance at the pre-application neighborhood meeting. He stated the overwhelming concern from the neighbors was the proposed mixed residential zoning on the Grand Avenue frontage. He stated while the mixed residential zoning is required along the arterial frontage the reason from continuing this zone along the east side of the property was to allow additional rear-loading garages off the required access easement driveway to the in-holding parcel. Mr. Reid stated the owner of this in-holding parcel has been approached by the owner of this parcel to purchase the property. This owner is not interested. This in-holding will be wholly surrounded by the city when this parcel is annexed. The developer will make contributions to the surrounding intersection improvement funds collected by the city through the subdivision process. Mr. Reid stated the property will need to cross the Birely Drain in at least two locations to complete the street network planned between Grand Avenue and Central Avenue and to provide two full access points to this subdivision. He stated Northwestern Energy has non-residential transmission lines across the Grand Avenue frontage. These poles will be relocated further south adjacent to the new multi-use path to be installed. He stated the Public 1 (P1) zoning for the access paths on the north, east and south side of the property will be at least 50 feet in width. He stated these areas will be developed and maintained by the developer.

Mr. Wild stated he is the owner of the property and is excited to start this new project. He stated he has built many homes in West Billings over the past decade and has done entire subdivisions as well as individual homes. He stated the plan is to make most of the area similar to other subdivisions in the neighborhood and still comply with the city's new zoning code for mixed residential along the arterial frontage. He stated code also allows a developer to choose a commercial or mixed use zone for the arterial frontage but this would not fit with this location on Grand. He stated he is finishing up in some subdivisions close by and hopes to be building on this ground some time next year.

Mr. Kurth stated the subdivision needs to provide a connection to his land south of the Birely Drain. He stated the transportation map shows this connection. He stated that is also the only way water and sewer could be connected in the future.

Mr. Lorenz stated he agrees with the proposed neighborhood districts but not the mixed residential zoning on Grand Avenue. He stated there are no 8-plexes in the area and they would be out of place in this area. He stated the owner has not indicated whether these would be rented or sold to individuals. He stated any new traffic would impact a larger area than just Grand from 54th St W to 62nd St W. He stated he did not agree with the proposed size and purpose of the public zoning. He stated there would be a boatload of kids here with no place to play.

Mr. Overbeeke stated he was here representing over 200 homeowners from Trails West Subdivision. He stated there is a large concern with the proposed mixed residential zone on Grand Avenue and part way down the west side of the property. He stated this zoning is not compatible with their homes and the allowed height and density of the zone would be out of place here. He stated the public zoning along the east property line will not be a very nice open area because the ditch company will need to drive over this area continuously to maintain the drain. He stated the impact of denser housing on Trails West would be too great. He stated the traffic impact would be too much for Grand Avenue.

Mrs. McDermott stated she would be interested in knowing more about the relationship between Buffalo Crossing LLC and the Fort Belknap Tribe. She stated she looked up the corporation but could find very little information other than it was owned by the tribe. She stated she was an enrolled member of a tribe and is concerned that financing a large project like this could be precarious. She stated she has no concern with Mr. Wild as a builder but was concerned about the owner's ability to finance the development.

Ms. Morgan stated she is opposed to the mixed residential zoning. She stated 2-8 unit building 2-3 stories tall would be too out of character for the area. She stated she understands the city requirement for the frontage on Grand but the zoning does not need to continue down the east property line. She stated the Birely Drain between Trails West and this new development will not be a very nice open space area due to drain maintenance.

Mr. Wilson stated he is working on the last two filings of Trails West that will create about 60 final lots in the subdivision. The total subdivision will have about 290 lots. He stated he is the landowner and developer in Trails West. He stated he learned a long time ago that developers are not in charge of the land - the land is in control. He stated the stormwater cannot just be discharged to the drain. He stated this developer will have to do as they did and put in a lot of water quality infrastructure before any of the runoff can go into the drain. He stated Trails West has spent about $500,000 dollars on stormwater treatment facilities. He stated there is another ditch running to the south that will need to be crossed. He stated the Trails West sewer system is a closed low-pressure system and this new development will not tie into this system. The new development will need the same sort of low-pressure system. He stated the mixed residential on the frontage is not what he believes is compatible with Trails West. He stated Grand is not just an arterial street it is a major arterial street. He stated he would be surprised if the city allows the private easement to have a separate drive approach off Grand so close to the new subdivision road. He stated the ditch company will have a lot to say about this development.

Mr. Aafedt stated he is opposed to the mixed residential zoning and believes the traffic impacts will be too much for the current condition of Grand Avenue.

Mr. Pluhar stated he was concerned mostly with public safety in this area especially fire protection. He stated there is only one fire station west of Shiloh Road and many homes to protect. He was concerned when multiple calls for fire service come in, how long other fire stations would take to respond. He stated he could easily see a similar situation to the wildfire in Boulder Colorado happening in West Billings. He stated there are also a lot of other safety deficits in the area including animal control, police and traffic control. He stated people do not often stop at stop signs or observe the posted speed limits in this part of Billings and there is little traffic enforcement.

Mr. Blotske stated he moved out to West Billings about 1 1/2 years ago and has enjoyed the area. He stated allowing multifamily in the area is not a good idea, although he owns rental properties himself. He stated it does not belong in West Billings.

Mr. Powell stated the city should just deny the zoning proposed. He stated there should be no more subdivisions or building in West Billings until Grand Avenue is improved from Shiloh Road to at least 62nd St West.

Mr. Wild provided some response to the comments. He stated Buffalo Crossing and Classic Design Homes are subsidiaries of Island Mountain Development which is part of the Fort Belknap Tribe. He stated Classic Design Homes was purchased about two years ago and he is the general manager. He stated there should be no financial concerns with the development since the city requires bonding and surety whenever a new subdivision is started. He stated the company is interested in giving back to the community and did a St. Jude home last year and works to build better communities. He stated he lives not far from this development and understands the concerns of the neighbors. He stated the mixed residential zone and the units he intends to build here will be unit owned. He stated his intention is to build the same sort of multifamily condos as are in Grand Peaks at 52nd St W and Grand Avenue. He stated these would not be apartment buildings and each unit would be owned. He stated this subdivision will be about 1/2 the size of Trails West. He stated they will be doing a variety of housing choices for sale. He stated whether owners live in their dwellings is not something zoning controls.

Mr. Reid stated the subdivision absolutely will connect to Mr. Kurth's property and the owner recognizes and is planning for all the stormwater infrastructure and for proper design of the drainage systems. He stated he is aware of the low pressure sewer system requirement and the system will be similar to Trails West. He stated Mr. Wild has done a lot of building in the area including Legacy Subdivision.

Vice Chair Greg McCall closed the public hearing. He reminded the attendees the Zoning Commission is not approving a subdivision so the complex details of stormwater treatment, sewer, water, trails, street connections, traffic and street improvements are not within the scope of a zoning change. He stated all of this information helps inform the process but the zoning itself is not a final development plan. The subdivision plan will be reviewed by the Planning Board and conditions of approval will be considered at that hearing and recommendations sent to the City Council. These conditions will address all the actual impacts of the subdivision plan. He stated he shares the neighbors concerns about public safety and traffic management.

Commission member Dan Brooks made a motion to recommend approval and adoption of the findings of the 10 review criteria. The motion was seconded by Commission member David Goss. Mr. Goss stated he shares the neighbors concerns about Grand Avenue as he also lives nearby. He stated the road needs extreme attention from both the City and County. He stated years ago he also served in Billings city government and attempted to keep the city and county working together to solve similar issues. He stated this is not always an easy task. He stated the city should step up on the Grand Avenue situation and try to bring the county along in these discussions about road improvements. Mr. Goss stated the Zoning Commission must react and make a recommendation on this application. Mr. Brooks stated he was encouraged the owners is working with the ditch company and likes the flexibility demonstrated in the design. Mr. McCall stated a modest increase in density can bring about a more sustainable tax base for the city. He stated these types of small to medium size multi-unit dwellings were all but abandoned in the 1960s. This deficit in housing choice is known as the "missing middle". He stated he agrees the 4-unit dwellings in Grand Peaks are a good example of this missing middle housing choice. He stated the mixed residential zoning allows this missing piece to be built again in Billings.

The Commission voted 3 in favor, none opposed, and Commission member Trina White abstained due to a conflict of interest.

The City Council may:

• Approve the zone change and adoption of the recommended findings of the ten review criteria for Zone Change 1011; or,
• Deny the zone change and adopt different findings of the ten review criteria for Zone Change 1011; or,
• Delay action on the zone change request for up to 30 days; or,
• Allow the applicant to withdraw the zone change request.

Approval or denial of the proposed zone change will not have an effect on the Planning Division budget.

Before making a decision on the zone change request, the City Council shall consider the following Zoning Commission recommended findings of the ten review criteria:

1) Is the new zoning designed in accordance with the Growth Policy?
The proposed zone change is consistent with the following guidelines of the 2016 Growth Policy and the West Billings Neighborhood Plan (2001):

The West Billings Neighborhood Plan goals and objectives stated the need to locate compatible uses and offer a range of housing choices and development densities. The West Billings Plan adopted a number of Goals, Policies, and Implementation Strategies. The proposed Mixed Residential PND process for the Buffalo Crossing property is consistent with the following adopted Policies of Planned Growth Goal 1: Establish Development Patterns that Use Land More Efficiently
Policy R "Encourage innovative land-use planning techniques to be used in building higher density and mixed-use developments as well as infill developments."

The proposed zoning is compatible with goals of the West Billings Neighborhood Plan. The proposed zone change and street layout will accommodate uses that are compatible in a mixed-residential environment. The proposed development will also have good access to outdoor activities and is in proximity to developing commercial activity and transportation options.

The proposed amendment is also in line with the adopted 2016 Growth Policy goals for:
Strong Neighborhoods:

• Zoning regulations that allow a mixture of housing types provide housing options for all age groups and income levels
• Walkable neighborhoods that permit convenient destinations such as neighborhood services, open space, parks, schools and public gathering spaces foster health, goodwill and social interaction
• Safe and livable neighborhoods can be achieved through subdivision design that focuses on complete streets, pedestrian-scale street lights, street trees and walkable access to public spaces
• Neighborhoods that are safe and attractive and provide essential services are much desired Implementation of the Infill Policy is important to encourage development of underutilized properties

Home Base:

• A mix of housing types that meet the needs of a diverse population is important
• The Housing Needs Assessment is an important tool to ensure Billings recognizes and meets the demands of future development Common to all types of housing choices is the desire to live in surroundings that are affordable, healthy and safe
• Planning and construction of interconnected sidewalks and trails are important to the economy and livability of Billings Public safety and emergency service response are critical to the well-being of Billings' residents
• Homes that are safe and sound support a healthy community

The proposed layout for the Buffalo Crossing property will allow the mixed residential housing to be located adjacent to the arterial street frontage to make the most effective use of this valuable street frontage. The N2 and N3 zone districts are further south and will be compatible with the adjacent city and county land uses. The layout of the linear parkland across the Grand Avenue frontage, south along the easterly property line and across the south property line will provide benefits both for recreation (walking, biking access) and for maintenance of agricultural infrastructure for irrigation and drainage. The Birely Drain runs north to south along the eastern property line, and another leg of the drain runs west to east across the southern property line. An unnamed drain runs along the southern 700 feet of the west property line. This drain joins with the Birely Drain on the south property line. There is active agriculture in the surrounding area so maintaining the integrity of these drains is important even in a new city subdivision. 

2) Is the new zoning designed to secure from fire and other dangers?
The zoning requires minimum setbacks, open and landscaped areas and building separations. The zoning assembly and street layout is designed to secure the development from fire and other dangers.

3) Whether the new zoning will promote public health, public safety and general welfare?
Public health and public safety will be promoted by the proposed change. Approval of the overall zoning plan and street layout will provide certainty both for the property owner and the surrounding owners. Annexation and provision of public health and safety services from the city will promote the general welfare of the area.

4) Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The applicant has started the process of developing a traffic impact study and will coordinate with the City Engineering Division. Grand Avenue is a checkerboard of jurisdiction between the city and county west of Shiloh Road. The West Billings Multi-Modal Traffic Planning Study identified the Grand Avenue corridor for street improvements to increase safety. This study indicated the corridor improvements from Shiloh to 52nd St West would be between 2.8 and 4.5 million dollars (2016). The city and county have not yet agreed to begin design for the corridor improvements. Individual intersection improvements - the traffic signal at 54th St W and Grand Avenue for example - have been completed. Two other intersections were identified for improvements in the study - 48th St West and Grand Avenue and 56th St West and Grand Avenue. These intersection improvements were separate from the corridor improvements. Each intersection was estimated to cost between one-half million and 1.5 million dollars. The city has been collecting intersection and corridor improvement payments from developments in this area for over a decade. These funds are set aside to fund these improvements in the future. For example, the traffic signal at Grand Ave and 54th St West was funded by these set-aside dollars provided by adjacent developments. The traffic study for this development will analyze each of the adjacent street intersections and determine if mitigation or improvements are needed to accommodate the additional traffic. The City Engineering will determine the required improvements.

Water and Sewer: The City will provide water and sewer to the property. There will be no additional impacts to the system from the proposed changes.

Schools and Parks: Schools and parks may be effected by the proposed zone change and development of a new city neighborhood. SD #2 did not provide any comments.

Fire and Police: The subject property is served by city public safety services. The Police and Fire Departments had no concerns with the zone change.

5) Will the new zoning provide adequate light and air?
The proposed zoning provides for sufficient setbacks to allow for adequate separation between structures and adequate light and air.

6) Will the new zoning effect motorized and non-motorized transportation?
Non-motorized travel -- walking and biking -- is an essential part of the circulation plan both within the proposed development and connecting to adjacent areas. Pedestrian connections will be ensured through the development. There is a partially completed multi-use trail east of the subject property on Grand Avenue that is expected to continue along the corridor. Traffic counts in the area on Grand Ave are well below the expected volume on a principal arterial street. Although counts on Grand Avenue average less 6,000 vehicle trips per day, the twice daily pulse of traffic at Ben Steel Middle School is not included in the "average" traffic volume. Ben Steele school opened in the fall of 2017 and has a current student population of 815. As noted above, the West Billings Multi-Modal Planning study from 2016 identified the Grand Avenue Corridor and two intersections in need of improvements for traffic safety in the short term project list. Additional development along this corridor will increase the need for these recommended improvements.

7) Will the new zoning will promote compatible urban growth?
The proposed increase in the overall development density is compatible with urban growth and the provision of city level services to the new residents. The proposed zone district boundaries are consistent with the urban growth in this area and will be compatible with the surrounding neighborhoods

8) Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
The proposed zoning does consider the character of the district and the suitability of the property for the proposed use. This area between Grand Avenue and Rimrock Road, from Shiloh Road to 64th St West is undergoing rapid urban development and growth. Demand for new housing choices including townhomes and apartments is increasing. Providing a wide range of housing choices is suitable for this area.

9) Will the new zoning conserve the value of buildings?
The property is an undeveloped agricultural parcel. Approval of the zone change will provide certainty to surrounding landowners and may help to maintain property values of adjacent buildings.

10) Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed Mixed Residential PND zone change process with N2, N3, NX2, and Public 1 zoning will encourage the most appropriate use of this land in Billings.